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Terms of Service

1. Terms

  1. What these terms cover. These are the terms and conditions on which Evermale Health Limited and/or its Practitioners will supply the Services to you.
  2. Why you should read them. Please read these terms carefully before you access any of the Services. These terms govern the provision of the Services by us and/or our Practitioners to you including consultations and private prescriptions. These terms also explain what to do if there is a problem with the Services and other important information.

2. Information about us and how to contact us

  1. "We" are Evermale Health Limited, a company registered in England whose registration number is 15856625 and registered office is at 5 Brayford Square, London, United Kingdom, E1 0SG
  2. "You" are the customer who has accessed our website (evermale.co.uk) or called our telephone number or emailed us and intends to place an order for our Services as described in Clause 3.1
  3. How to contact us. You may contact us by email at help@evermale.co.uk.
  4. We may contact you by telephone, email or video link using our clinic management software platform on the contact details provided to us.
  5. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. The Services

  1. The Services are provided to you by our Practitioners and third party suppliers. The Services are delivered in the form of consultations, membership to one of our patient support plans, prescribing and supply of medications, and blood testing. Once you have paid for an annual membership our Practitioners will be able to issue prescriptions and our team will be able to respond to any ongoing questions you may have with regard to your treatment and membership service by email, subject to our Fair Use Policy.
  2. The Services are not provided within the framework of the National Health Service (in the UK) but on a private paid basis. You will pay for all elements of the Services and will not be able to rely on the NHS to provide any of these elements.
  3. Where our Practitioners consider that a drug is required, they will issue prescriptions for drugs directly to specialist online pharmacies as part of the membership fee. You must purchase the drugs from the pharmacies yourself according to the prescription (The Practitioner may, for an additional fee, agree to provide you with a paper private prescription), which can be used at a high street pharmacy, notwithstanding, not all the drugs that we may prescribe will be available via paper prescriptions as some can only be obtained via specialist pharmacies that require your prescription to be uploaded by our Practitioners.
  4. The Services will only be provided to persons over 18 years who are resident in the UK.
  5. If you believe that you have a symptom which is a side effect of your treatment, you should contact, in the first instance, the Clinic; after reading the symptoms, the Practitioner may agree with you the next step, possibly to get a blood test, or, change the dose of your medication. If the symptom is not likely to be anything to do with your treatment, then it will be suggested to you to contact your GP or primary care provider.
  1. Neither we nor our Practitioners are an emergency service, and should you or another person require emergency assistance, you should dial 999 immediately.
  2. You agree to always seek the advice of a doctor or other qualified healthcare provider regarding any medical concerns and also before starting, stopping or modifying any treatment or medication. You must not rely on information you obtain online or from persons who are not medically qualified.
  3. Our Practitioners' private prescriptions are only valid for use at legal UK pharmacies. You understand and agree that any our Practitioners' prescriptions are solely for your personal use. Furthermore, you agree that prior to taking any of the prescribed medicines, you will carefully read all information provided to you and to follow the instructions provided by the Practitioner(s), and/or on the prescription(s) itself (including the label applied by the pharmacy). You also agree to contact one of our Practitioners, or another doctor or a pharmacist if you have any questions about the medicines or treatments prescribed or if you do not fully understand the reasons you have been prescribed the medication or treatment, including the instructions related to them.
  4. Save where the Practitioner has made a prescribing error, you accept that you will not be entitled to refunds for sums paid for prescription drugs. You also accept that there are no returns available for prescriptions or medications that have been fulfilled by a pharmacy, as prescription drugs cannot be returned.

4. Booking a consultation

  1. Prior to the consultation we will require the following information:
    • Completed pre-consultation questionnaire.
    • Results of any blood tests requested (See Clause 5.2).
    • Identity confirmation (See Clause 11.1).
  2. Once we have assessed your potential eligibility for treatment, you will be sent an invitation via email to book a consultation with a Practitioner. The booking is provisional until payment has been made using the secure payment link included in the invitation.
  3. We reserve the right to cancel or postpone your consultation with the Practitioner if we have not received the above information (Clause 4.2) at least 48 hours before the booked consultation. No refund will be given for the cancelled consultation.
  4. Post consultation, with your permission, we will write to your GP as it is best practice to keep them informed about any medical treatments you are receiving and in the case of testosterone treatment, it is potentially a lifelong commitment. We do not expect your GP to be involved in interpreting the results or changing your dose (please see clause 5).

5. Blood and other pre-consultation tests

  1. As our Practitioners' consultations are held remotely, neither we nor our Practitioners take blood or other fluids for testing at our clinic.
  2. Normally, you will be required to have at least two blood tests prior to your initial consultation. For these pre-consultation tests, we may at our discretion accept blood test results from third party providers, providing they are UK-based. The results files must be shared with us in PDF format with your personal details clearly visible. If any biomarkers are missing from these results or we feel that further tests are required, we will organise these for you at additional cost. Any monitoring tests required after your consultation will be provided by us. We will not accept results from third party providers once you are part of our membership scheme.
  3. Please note that current NHS guidance states that private and NHS care should be kept as clearly separate as possible and that the patient should bear the full costs of any private services. We will therefore not accept NHS blood test results as part of our service. If you do not provide us with the required blood test results, we will not be able to treat you.
  4. The need for blood tests will vary depending on the condition we are treating and other factors such as age and changes of medication doses. For testosterone patients, the blood testing regime is typically as follows:
    • pre-treatment (2x tests);
    • one month to six weeks after the commencing of the treatment,
    • four months after the commencing of the treatment;
    • seven months after the commencing of the treatment; and
    • thereafter, twice a year.
  1. Post consultation blood tests will be organised by your Practitioner using a designated blood testing provider. Blood tests are not included as part of the membership fee and must be paid for separately prior to blood testing kits being sent out. Additional tests may be needed if changes are made to the medication or if the patient suffers side effects to their treatment.
  2. All pre-treatment blood tests should be taken prior to 11am in the morning. Patients on injection treatment for testosterone deficiency, should take samples at trough level i.e. before an injection not afterwards. For those patients on testosterone gel treatment, bloods should be taken two to four hours after the gel has been applied. For those on cream treatment, bloods should be taken 2 hours after application. No exercise should be done 48 hours prior to having the bloods taken as exercise may influence the results. The Practitioner will advise whether the blood sample must be drawn using a venous or finger prick sample. There will be an additional charge for a blood draw at one of our provider's partner clinics if a venous sample is required.
  3. It is your responsibility to ensure that blood tests are taken in accordance with any regime that we or our Practitioners have advised and that the correct tests have been completed in the timescales recommended. If you fail to do so, we may reschedule your consultation and/or review, terminate our agreement or charge you additional fees to cover additional costs.

6. Your consultation

  1. The length of your initial consultation is at the sole discretion of the Practitioner, although it is likely to last between 45 and 60 minutes. It may be shorter depending on the Practitioner's assessment of your clinical needs and the number and complexity of the questions you ask during the consultation. The length of time allowed for a review or follow-up consultations shall be at the sole discretion of the Practitioner. The cost is per consultation, and you will not be refunded any money if your consultation is shorter than expected, nor charged more if it is longer. The price of the consultation is stated on the booking form at the time you make your booking.
  2. A consultation does not mean that we or our Practitioner are obliged to treat you. Treatment is at the sole discretion of the Practitioner, and you will not be entitled to any discount or refund of the consultation fee if the Practitioner declines to treat you.
  3. If for any reason your consultation is interrupted by you or by a failure of your connections to the internet or telephone system or some other system including computer or other communication equipment, it is up to the Practitioner to decide whether you are able to continue the consultation. Please contact us as soon as possible if your consultation is interrupted.
  4. If your consultation was interrupted by a failure of our systems, we will endeavour to contact you as soon as reasonably practicable and offer you an opportunity to continue your consultation.
  5. If for any reason your consultation was not completed, we may not be able to offer you any treatment. If you cancel or terminate your consultation, we shall have no obligation to treat you, or to continue any treatment we have been providing to you and you shall not be entitled to any refund or monies paid for services already provided. Where you have paid for a service and it has been partially provided, you shall be entitled to a reasonable proportion of the fee which is a fair representation of the service not provided.
  6. From time to time, we may need to reschedule your consultation. We will use reasonable endeavours to contact you in advance to agree alternative arrangements. Where we offer a reasonable rescheduling of your consultation, that is your sole remedy in respect of our failure to honour the original appointment.

7. Your Evermale Membership

  1. After your initial consultation, if our Practitioner believes you would benefit from treatment you will be invited to join and pay for an annual support membership. The membership will entitle you to:
    • Prescriptions for medications issued via specialist online pharmacies, which you will pay for directly with the pharmacy,
    • Organisation of repeat blood tests using our designated blood testing partner. Please note blood tests must be paid for separately.
    • Access to our support team to offer help and advice subject to our Acceptable Use Policy (Clause 16)
  1. Payment can be made annually or monthly, and discounts are available for annual payment. Valid credit or debit card details must be stored in our patient portal to ensure continued membership payments.
  2. Memberships are subject to a minimum initial term of 6 months and thereafter are renewed automatically on a rolling monthly basis. If you cancel your membership within the first 6 months, you will be liable to pay the balance of the membership fee for the initial period (if you pay monthly) or you will be entitled to receive a refund equal to half of the annual fee (if you paid annually).
  3. You must keep up to date with your membership payments to continue to access our Services. We will suspend our Service if you fail to do so. If you cancel your membership (or a payment is declined or fails) and later wish to recommence the Services you will be required to pay an amount equal to all missed payments before doing so. If, in the sole opinion of the Practitioner, sufficient time has elapsed between cancelling and recommencing the Services, we may require you to undergo a new consultation (paid for by you) in order to restart treatment.
  4. Memberships are subject to a 30-day cancellation notice period. Members wishing to cancel their membership after the first 6 months must give written notice at least 30 days before the end of the initial term. If no cancellation notice is received during the initial term the membership will automatically renew on a monthly basis under the same terms and conditions. To cancel a rolling monthly membership, members must give 30 days' notice prior to relevant monthly renewal date.
  5. Cancellation will take effect on the last day of the current membership term.

8. Force Majeure

  1. Force Majeure means an event, circumstance or cause beyond a party's reasonable control, including, without limitation, any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute, labour disturbance, any act or omission of Government, highways authorities, other public telecommunication operators or other competent authorities.
  2. Where we or our Practitioners are in breach of the agreement between us or otherwise liable for any failure or delay in the performance of our/their obligations, if such delay or failure results from a Force Majeure event, the time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for over one month, then you may terminate the contract between us on one month's written notice.
  3. Notwithstanding your cancellation of the agreement pursuant to clause 8.2, you will remain liable to pay for any Services you have received from us up to the later of the date and time of the Force Majeure event or the termination on notice of our agreement.

9. Privacy Policy

  1. Our Privacy Policy sets out how your information will be used.
  2. By accepting these Terms and Conditions, you acknowledge that you have read and understood our Privacy Policy (as updated from time to time) and confirmed that you will abide by it.
  3. The information you provide, in so far as we consider it relevant will become part of your patient record with ourselves. If you would like a copy of your patient record, please ask us.

10. Your warranty to us (promise that it is true)

  1. You warrant to us and as a separate warranty to our Practitioners that:
    • any information you provide is honest, legitimate and an accurate representation of your situation as you see it;
    • information you provide from third parties is to the best of your knowledge and understanding accurate, complete and has been provided legally;
    • you will NOT under any circumstances amend, alter or tamper with the contents of any documents created by our Practitioners or provided by us through the Services or otherwise; and
    • when determining which email address you have provided for our correspondence with you, you have considered the private and possibly time-sensitive nature of the information that may be provided to you from time to time as part of the Services.
  1. You understand that you are obliged to advise us by emailing help@evermale.co.uk of the following information when you register with us and update us as soon as reasonably possible after any changes to your:
    • legal name;
    • email address;
    • residential address or postal address, including postal code;
    • mobile telephone number;
    • landline numbers;

11. Identity Checks

  1. In order to ensure the Services are being supplied safely and to the appropriate people, we will ask you to provide a scan of your passport, driving licence, and a utility bill less than 3 months old. We reserve the right to ask to see the hard copy originals of these or to require additional identification documentation as we consider appropriate.
  2. We may also contact you at any time by video conferencing service, by telephone, or by email to ask you to provide further information as to your identity.
  3. Where we ask you for additional identity information, if you do not provide it within seven days (in the manner requested), or in our unfettered discretion we consider it to be unsatisfactory for any reason, we may immediately suspend the provision of the Services or terminate the agreement between us without any liability to you. You will remain liable to us to pay for any Services already received.

12. Our rights to make changes to these terms and conditions

  1. We may amend these terms and conditions periodically for any reason and without notice to you. Such amended terms will apply to the ongoing relationship between us, our Practitioners and you, as soon as the updated Terms and Conditions are published on our website. If, before you use the Services and after we have updated our Terms and Conditions, you reasonably consider that the amendments fundamentally change the bargain you have made with us, you may terminate our agreement pursuant to clause 13.3 and clauses 13.4 to 13.9 shall apply. This right to terminate only applies if your belief that our amended terms fundamentally change our agreement is held reasonably.
  2. We recommend that you print and keep a copy of these Terms and Conditions before engaging with us for the first time and then periodically from time to time.
  3. The most current version of these Terms and Conditions can be accessed at any time by selecting the "Terms & Conditions" link in the footer of the website.
  4. Any changes to our Terms and Conditions that are made to fairly reflect changes in the law or regulatory requirements shall be deemed not to have fundamentally changed our bargain and your rights to cancel our agreement pursuant to clause 12.1 shall not apply.
  5. We amend our membership prices each 1st July, Nevertheless, we reserve the right, at our sole discretion, to amend our prices at any time for any of the Services. When we make such changes that affect our agreement with you, we will advise you of the price changes and how they are to be applied to you. Provided that you do it within 14 days of receiving our revised prices, and that you have not used the Services since receiving our revised prices, you may cancel our agreement pursuant to clause 14.4 and clauses 14.5 to 14.7 shall apply.
  6. Currently, the Services are not subject to Value Added Tax ('VAT') or any other form of taxation. If we are required to charge tax or taxation is applied to the provision of the Services (including VAT), we will update our prices to include the VAT or the tax being applied. This will be not be deemed to constitute a price rise and your rights to cancel pursuant to clause 12.5 shall not apply.

13. Your rights to end the agreement

  1. You have the right to cancel your membership within 14 days of its formation without giving any reason; and as set out in clause 7.5 above.
  2. To meet the cancellation deadline, it is sufficient for you to exercise your right to cancel before the cancellation period has expired.
  3. To exercise your right to cancel, you must inform us using the cancellation form below.

14. Effects of cancellation

  1. If you cancel the agreement between us, subject to clause 14.4 and 14.5, we will reimburse all payments that we have received from you.
  2. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel our agreement.
  3. We will make the reimbursement using the same means of payment as you used for the initial transaction.
  4. Note: You have a legal obligation to pay for any Services that you received during the cancellation period and we will deduct our reasonably calculated fees in respect of the Services provided from any refund.
  5. For the avoidance of doubt, the cost of your initial consultation once taken is not refundable.
  6. Save as provided in clause 12.1, after the cancellation period has expired, you cannot cancel the agreement between us during the initial period without our consent unless we are in fundamental breach of the agreement. If you think we are in breach, please write to us and explain why you think we are in breach of our agreement with you.
  7. If you attempt to 'self-issue' a refund by using the chargeback method available via your payment service, bank or card provider we may dispute your chargeback with your provider, and you may be obliged to pay our reasonably-incurred fees and costs in relation to administration and legal work in disputing your claim. If we successfully dispute your chargeback claim, you agree to pay such fees and costs to us in cleared funds no more than 30 days from our successful challenge to your chargeback claim.

15. Survival

  1. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.
  2. Save as provided by Northern Irish law, and any relevant Northern Irish professional regulations and subject to our Privacy Policy, on termination of our contract, we may delete all the files and other information we hold on you.

16. Fair use

  1. We may without notice to you, suspend any Services we or our Practitioners are providing or scheduled to provide to you if you owe us money.
  2. We may without notice to you, suspend any the Services we or our Practitioners are providing or scheduled to provide to you if in our reasonable opinion your use of the Services is excessive and not medically justified. If we do suspend the Services to you, we will contact you to try and resolve the issue amicably.
  3. This does not affect your statutory rights.

17. Disclaimers

  1. Treating any medical condition can be complex and what works for one patient may not work for another. Therefore, neither we nor our Practitioners make any representation or warranty as to the effectiveness of any treatment provided by our Practitioners or Evermale Health Limited.
  2. You are solely responsible for all information you provide to us or your Practitioner.
  3. No information on our website should be relied upon or considered as medical or professional advice.

18. Complaints

  1. In the event you are unhappy with Evermale or the Services and you wish to raise a complaint, you can do so in writing (via email or letter) to the Compliments and Complaints Lead.
  2. If you are unable to submit your complaint in writing, you should raise the complaint with our Patient Support Team, who will then record the complaint.
  3. You can leave feedback on care with the CQC directly using this link https://www.cqc.org.uk/give-feedback-on-care
  4. Complaints procedure:
    • We will acknowledge your complaint within 3 Business Days of receipt. This initial response may be verbally or in writing.
    • The Compliments and Complaint Lead will then either investigate the complaint fully themselves or nominate a Lead Investigator. We will inform you of the name and contact details of the nominated person.
    • The person investigating the complaint will ensure that it is handled in a way to ensure that it is resolved without undue delay. We will aim to give you a written response within 20 Business Days of receipt of your complaint. You will be sent regular updates on the progress of the investigation and likely timescales for receiving a response.
    • In our response, we will explain how we have considered your complaint and any actions because of the complaint. We will explain any conclusions and whether the complaint has been upheld in part, in full or not upheld.
    • If you are unhappy with our response to your complaint, we will advise you of your possible next steps. Once a complaint has been fully dealt with by Evermale Ltd, if the complainant remains unsatisfied with the outcome of the internal appeal, they can refer the complaint to:
  5. Independent Healthcare Sector Complaints Adjudication Service (ISCAS), Email: info@iscas.org.uk, Telephone: 020 7536 6091.

19. Our rights to end our agreement

  1. We may end our agreement if you break it. We may end the agreement for the provision of the Services at any time by writing to you if you:
    • do not make any payment to us when it is due, and you still do not make payment within 7 days of being reminded that payment is due,
    • do not, within a reasonable time of being asked for it, provide us with information that is necessary for us and/or the Practitioner to provide the Services including providing the requisite blood test results as required by the Practitioner;
    • breach or any these terms and conditions or in our unfettered opinion, you act in such a manner that is inconsistent with your continued acceptance of these terms and conditions;
    • make any attempt to interfere with our website, or computer systems whether by a denial of service attack, the introduction of bugs or malware of any kind;
    • are in our reasonable opinion, aggressive towards our staff, the Practitioners or other patients, including adverse social media posts; and
    • publish in our reasonable opinion, any defamatory statement or opinion about our clinic, our Practitioners' or the Services.
  1. You must compensate us if you break our agreement. If we terminate our agreement in the situations set out in clause 19.1, we will refund any money you have paid in advance for the Services not already provided but we may deduct or charge you reasonable compensation for the net costs we will incur and our lost profits (subject to our common law duty to mitigate our losses).
  2. We may at any time withdraw the provision of a Service. We will write to you to let you know if we are going to stop any Service that you are currently receiving from us. We will endeavour to let you know in advance of the cessation of the Service but shall not be liable to compensate you if no notice is given. We will refund any sums you have paid in advance for the Services which will not be provided.

20. Notices

  1. Any notice given to a party under or in connection with this agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service or sent by email to the intended receiving party at its usual business address or to such alternative address as the intended receiving party may from time to time have notified in writing to the sending party for this purpose.
  2. Any notice shall be deemed to have been received:
    • if delivered by hand, at the time the notice is left at the proper address;
    • if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am local time on the third Business Day after posting; or
    • if sent by email, at the time of transmission to the correct and valid email address, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.
  3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

21. Assignment of Rights

  1. We may assign our rights under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this agreement.
  2. Due to the personal nature of the Services, you cannot assign your rights under our agreement to a third party.

22. Third party rights

  1. Unless it expressly states otherwise, this agreement does not give rise to any rights under this agreement (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
  2. The rights of the parties to rescind or vary this agreement are not subject to the consent of any other person.

23. No partnership or agency

  1. Nothing in this agreement, is intended to, or shall be deemed to, establish any partnership or joint venture or agency between us (including our Practitioners) and you.
  2. Each party confirms it is acting on its own behalf and not for the benefit of any other person.

24. Waiver

  1. A waiver by us of any breach or default or right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default or right or remedy.
  2. A delay or failure by us to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
  3. Any waiver by either party of any breach of, or any default under, any provision of this agreement by the other party will not affect or invalidate the other provisions herein.

25. Severance

  1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
  2. If any provision or part-provision of this agreement is deemed deleted under clause 24.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

26. Entire agreement

  1. This agreement, together with any document referred to herein, constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
  2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

27. Governing law

This agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of Northern Ireland.

28. Jurisdiction

Each party irrevocably agrees that the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.